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Health Care Directives

What is a health care directive?

A health care directive is a legal document which enables a person to communicate the person’s wishes about incapacity, illness, medications and end-of-life care. A health care directive can do one or both of the following:

Information regarding care facilities (such as nursing homes and hospitals) where you would like to receive care;

Your wishes for care in accordance with your values, morals and religious beliefs.

What are the requirements for an individual to be a health care agent?

A health care agent must be an individual age eighteen (18) or older.

What is the difference between a health care directive and a living will?

In the past, Minnesota law provided for a variety of other different types of health related documents including durable health care powers of attorney and living wills. In August of 1998, Minnesota law changed so that individuals can use one document to encompass all of an individual’s health care instructions and wishes, a health care directive.

What are the requirements for a valid health care directive in Minnesota?

Under Minnesota Law, a valid health care directive must be in writing, dated, and state the name of the principal creating the health care directive. The health care directive must also be signed by the principal and it must contain verification of the principal’s signature by a notary public or by two witnesses. Additionally, the health care directive must include health care instructions, appoint a health care power of attorney, or both.

What if I execute a health care directive and then I decide a few years later I change my wishes and I want to create a new health care directive?

Yes, during your lifetime, you can revoke your health care directive and create a new one. A health care directive can be revoked pursuant to the terms set forth in the Minnesota Statutes.

If you are interested in creating a health care directive, please contact the Glencoe Law Office at (320) 864-4800.